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The Discovery Update E-Letter Articles

03May2020

Protect Your Meetings from Zoom Bombers

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By Craig Ball Distanced by Coronavirus, lawyers and teachers are flocking to the teleconferencing platform Zoom to meet and share screens.  Zoom is also turning up as a way to emulate face-to-face social interactions ranging from AA meetings and book clubs to happy hours and rock concerts.  Last week, the Chipotle fast food chain sought to bring a little joy to COVID-stressed customers by hosting an online concert with singer/songwriter Lauv. 
03May2020

Eight Tips for Court Appearances via Videoconference

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By Nicole Black Over the past month, videoconferencing has become the new normal. After all, there hasn’t been much choice in light of the shelter-in-place mandates in effect in many states and the implementation of social distancing as a necessary safety measure. As a result, most courts have suspended in-person appearances and have begun to use videoconferencing tools to facilitate and streamline the swift administration of justice.
30Mar2020

Teleconferencing Tips

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By Craig Ball “Is Bob on the call? Will someone PLEASE e-mail Bob? “Everyone, everyone, PLEASE mute your #$%^& line!” “THERE’S there’s, AN an, ECHO, Echo, echo, ech….” “How do we share our screen again? Wait I see it. No, that’s not it.” It’s 2020, one year AFTER the events of the film Blade Runner.
03Mar2020

Lawyer iPhone Story

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By Russell Knight and Jeff Richardson I love to hear how other attorneys are using an iPhone or iPad in their law practice, so I always appreciate it when one of you is willing to share what you are using with the rest of the readers of iPhone J.D. Today I am sharing a submission from Russell Knight,
03Mar2020

Eleven eDiscovery Predictions for 2020

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By Mary Rechtoris This January we welcomed a new decade. A new decade feels like the ultimate fresh start—new year, new me. Before you give up on your resolutions, it may be helpful to reflect on the past decade. In the discovery space, there have been no shortage of monumental moments that have shaped the last 10 years, 
03Feb2020

The Legal Research Tools Lawyers are Using in 2020 and Beyond

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By Nicole Black There’s a lot of great technology out there for lawyers. No doubt you already use some of it in your law firm. After all, investing in legal technology tools is one of the most cost-effective ways to streamline your law firm and increase efficiency. But you already know that.
03Feb2020

Judges and Experts Project Next Decade of Discovery

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By Casey Sullivan Think back to the dawn of the 2010s when you were young and your whole life was still ahead of you. Think about what life was like way back then. There was Angry Birds and the first iPads and Mark Zuckerberg on the cover of Time Magazine,
08Jan2020

Reducing Discovery Burdens: Technology Alone is Not Enough

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By Casey Sullivan Three decades ago, the discovery process was fairly straightforward. An attorney conducting document discovery could simply confer with the client, determine the documents at issue, collect them from filing cabinets, and begin reviewing. The relative dearth of paper documents meant that even inefficient approaches to document review, such as linear,
04Jan2020

Mobile Lawyer Trends in 2020

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By Nicole Black We’re nearly two decades into the 21st century, and during those 20 years technology has changed at rates never before seen. The legal industry has not been immune to that change, and survey after survey shows that lawyers are increasingly incorporating technology into their day-to-day practices. The rise of mobile and cloud computing One of the technologies that legal professionals have been the most likely to embrace is mobile computing.
03Nov2019

Data Security – Your Client’s and Yours

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By Hayk Saakian Lawyers like you have access to sensitive information. You are also privy to confidential data that was entrusted to you by your clients. After all, information is essential to a law practice. That’s why data leaks should never happen. With today’s technology and the Internet, I’m 100 percent sure that most of your data,
03Nov2019

One More Reason Lawyers Should Avoid Email

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By Nicole Black Most lawyers rely heavily on email, which isn’t surprising. After all, lawyers are used to email and have been using email to communicate with clients for decades now. This, despite the fact that it is inherently unsecure and is no different than sending a postcard written in pencil through the post office.
30Sep2019

Preserving Android Evidence

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By Craig Ball When computer forensics was in its infancy, examiners collected evidence from disks by copying their contents byte-for-byte to matching, sterilized disks, creating archival and working copies called “clones.”  Cloning drives was inefficient, expensive, and error prone compared to the imaging processes that replaced it.  Yet, disk cloning worked for years,
30Sep2019

Data Validation in eDiscovery

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By Michael Schidlow Business deals are made and scandals fueled over text, as opposed to a physical paper trail. Come litigation time, those electronic records need to be verifiably loaded into a system and reviewed for a number of purposes. Emails, messenger logs, and attachments linked to those communications become subject to review.
03Sep2019

Three Ways Legal Software can Improve Law Firm Oversight

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By Nicole Black Running a busy law firm can be challenging, to say the least. There are lots of moving pieces regardless of your firm’s size, and the more attorneys and staff you add to the mix, the more complicated things become. Staying on top of everyone’s daily schedules and workloads can become a task in and of itself.
04Aug2019

Who Says You Can’t Bates Number Native Productions?

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By Craig Ball A writer’s hubris is the conviction that when you’ve covered a topic, you’ve had your say.  But new readers rarely have time or desire to plumb earlier work and, were they to try, much of what I wrote on the underpinnings of e-discovery and forensics was long ago stolen away like Persephone to a paywall-protected underworld,
01Jul2019

12 Ways to Improve Your Discovery Cost Recovery Process

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By Casey Sullivan
If you’re passing discovery costs through to your clients—and the vast majority of law firms are—you’re also probably getting pushback on discovery costs, at least occasionally. In a recent Logikcull survey, 89 percent of law firms experienced client pushback on discovery costs, with 68 percent receiving pushback sometimes,
01Jul2019

3 Ideas to Future-Proof Your Law Firm

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By Nicole Black According to the 2019 Altman Weil “Law Firms in Transition 2019” survey, 96 percent of law firm leaders “agree almost unanimously that a focus on improved practice efficiency is a permanent trend in the profession.” One way that some firms are addressing the push for increased efficiency is by using technology to improve firm processes,
07Jun2019

e-Discovery Technology is Not Just for Bigger Firms

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By Jeffrey Wolff One thing that keeps surprising me is the still widespread idea that eDiscovery technology is exclusively available for enterprises and the bigger firms. Although most people agree with the fact that SaaS makes eDiscovery technology more widely available, a lot of solo litigators and small firm lawyers I speak with are skeptical of using eDiscovery tools in their practices.
03Jun2019

Moving to a Paperless Law Firm: Three Tips for Working with PDFs

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By Nicole Black In the past year, there has been an increased interest in moving to paperless law firms. This is because in many jurisdictions e-filing is becoming a requirement. As the courts make this transition to e-filing, law firms are feeling the pressure to digitize their documents and establish a paperless workflow.
05May2019

Shifting the e-Discovery Paradigm from Documents to People

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By Ann Marie Lane TV defense attorney Ben Matlock is one of the most well-known fictional characters in American pop culture.  A folksy, bad-tempered southern attorney, he has a penchant for calling out perpetrators in a dramatic courtroom scene. While it has been over 20 years since the final Matlock episode aired,
26Mar2019

How Legal Technology is Impacting the Modern Solo/Small Firm

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By Jennifer Anderson It used to be the case that if you wanted to practice law at a firm with all the latest technological bells and whistles, you had to go to one of the mega-firms. Small firms largely didn’t have the resources to absorb the great costs associated with fledgling (yet undeniably effective) technologies. 
04Mar2019

Loving Location Histories

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By Craig Ball I give dozens of talks each year on electronic evidence where I discuss geolocation data and its transformative potential as evidence in criminal prosecutions and civil litigation.  Smart phones constantly track our movements using gyroscopes, accelerometers, global positioning features, geolocation apps, cell tower triangulation and three independent radio systems.
03Feb2019

Is the Future of E-Discovery Really in the Cloud?

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By Keely McKee “Cloud-based hosting for many still seems like a black box, and it is the unknown that makes customers hesitate,” said Josh Hass, eDiscovery and Structured Data Solution Leader at CRA, on The Relativity Blog last spring. Often, teams simply don’t know just how much security this solution offers.
07Jan2019

Legal Tech’s Predictions for 2019 in E-Discovery

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By Zach Warren Many now consider e-discovery to be a mature market, but that doesn’t mean the pace of innovation is necessarily slowing down. On the contrary, 2018 saw the adoption of new technologies like beginning-of-EDRM analytics at a wider scale, a focus on expanding e-discovery technology into adjacent spaces like information governance,
12Nov2018

Mobile to the Mainstream

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By Craig Ball Once you’ve preserved the contents of a mobile device, how do you extract responsive content in forms that are searchable and amenable to review? Most information items on mobile devices aren’t “documents” that can be printed to a static format for review. Instead, much mobile content is fielded data that must retain a measure of structural integrity for intelligibility.
15Oct2018

The GDPR: More a Collaboration Opportunity than a Data Hindrance?

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By Zach Warren, LegalTech News Editor-in-Chief The GDPR was front and center at the “International e-Discovery and Data Protection” session of Relativity Fest 2018, where panelists said it can be an opportunity to bake privacy into the discovery workflow. It’s a radical concept, but stay with me here. Perhaps, in spite of the extremely large potential fines and the headaches it has caused IT teams worldwide,
06Sep2018

Why Now is the Perfect Time to Take Control of Your eDiscovery

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By ZyLAB eDiscovery is one of those tasks nearly everyone is happy to hand off to someone – anyone – else. “It’s too complicated,” they say. “Too expensive! And too time-consuming!” Granted, all that used to be true. But if you haven’t looked at eDiscovery lately, you may have missed how it’s evolved.
04Sep2018

The Most Important eDiscovery Cases of 2018 (So Far)

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By Casey Sullivan 2018 has been an unusually quiet year for eDiscovery cases. Usually by this point, we would have at least a few blockbuster cases, with big sanctions and big controversy to make a big deal over. While we have had a few big fines, the jurisprudence in eDiscovery seems to have settled down greatly since the enactment of the 2015 amendments to the discovery rules in the Federal Rules of Civil Procedure.
11Jun2018

6 Keys to Consider When Evaluating eDiscovery Review Platforms

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By Kelly Twigger Technology of review software is constantly evolving, and many platforms are moving to the cloud. Firms that have purchased behind-the-firewall solutions are re-evaluating their expenditures, and in-house departments are looking to leverage their own tools to reduce costs with outside counsel. Firms that have had Summation and Concordance in the past are reassessing their options.
09Apr2018

The Dark Side of Cloud Computing

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By Sharon Nelson and John Simek We have said for many years that the cloud will generally protect a law firm’s data better than the law firm would itself. As more and more law firms adopt Microsoft Office 365, thereby moving to the cloud, we have come to the conclusion that a few words of caution are in order when law firms entrust their data to the cloud.
09Jan2018

Videoconferencing vs. Web Conferencing

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Videoconferencing vs. Web Conferencing Fortunately, attorneys have options when it comes to deciding the best way to make a deposition accessible and efficient for all parties involved. Videoconferencing and web conferencing are two great options for achieving these goals. Key Differences between Videoconferencing and Web Conferencing Web conferencing assists the taking of depositions with attorneys and/or the witness in remote locations from each other.
08Jan2018

A Quick Reference Guide to Understanding eDiscovery Pricing

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By Kelly Twigger One of the biggest challenges in purchasing ediscovery services is trying to make an apples-to-apples comparison between providers, platforms, and services, including their pricing. It’s a feat that’s next to impossible. Buying ediscovery services is a lot like buying a car — when you walk away from the deal,
08Jan2018

Why I Love Predictive Coding: Making Document Review Fun Again

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By Ralph Losey Many lawyers and technologists like predictive coding and recommend it to their colleagues. They have good reasons. It has worked for them. It has allowed them to do e-discovery reviews in an effective, cost efficient manner, especially the big projects. That is true for me too, but that is not why I love predictive coding.
13Nov2017

Foreign Language Document Review

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The first foreign language lawsuit I worked on as an attorney was an international price fixing case with defendants in Japan and Germany. Boxes of printed discovery were produced in Japanese. This raised serious issues of how to find documents that supported our causes of action and prepare for depositions. Fast forward to present day:  Parties might not be producing boxes of paper—in lawsuits with products made in the United States but with overseas parent companies—and instead hard drives of data in multiple languages.
10Oct2017

What to do After an Inadvertent Production

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The inadvertent production of privileged discovery can be a significant challenge both legally and technically. Was the privilege waived with the inadvertent production? How can the production be technically clawed back? The answers to these questions and best practices are explained in my new guest post What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502 on the Everlaw Blog.
11Sep2017

Time To Change Your eDiscovery Mindset

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Well, it’s happened.  ATL has asked me to write about ediscovery, a topic that many lawyers are tired of hearing about but continues to loom large. Electronic discovery is the most substantive change to the practice of law in more than 100 years, yet many relegate it to the backseat by equating it simply with data and deeming it a litigation support issue.
04Aug2017

eDiscovery Processing: Seven Tips for Reducing Stress (and Spend)

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In eDiscovery good processing decisions early on can make a big difference. The collection is done and you finally have the data. Now what?  What’s the best way to tackle processing without breaking a sweat, the bank, or your timeline? Alongside early case assessment (ECA), this phase of eDiscovery presents an opportunity to undertake a defensible reduction of data and pass along only the material that will ultimately be necessary to review. 
06Jul2017

Five Tips to Avoid Mistakes in Electronic Document Review

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These tips are based on a long life of litigation legal practice, including thousands of document reviews going back to 1978.  I have seen hundreds of mistakes over the years, especially in the last decade when my work as a lawyer has been limited to electronic discovery.  Many of these blunders were made by “the other side.”  Some were funny and made me smile. 
12Jun2017

E-Discovery: A Primer for Litigators

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12Jun2017

Stop Equating eDiscovery With Data. It’s Not That Simple

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There’s a fairly common theme to those who dislike electronic discovery:  It’s too expensive and just ramps up the cost of litigation. I do understand that costs of discovery are more upfront now, but I would argue that the “enormous costs” of discovery are because lawyers still aren’t doing it right.  
08May2017

Rule 26 and How it Applies to Electronically Stored Information

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08May2017

What Lawyers are Really Asking About eDiscovery Behind Closed Doors

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I recently participated in the San Francisco Exchange program put on by Today’s General Counsel, along with Bob Little, a marketing colleague at Advanced Discovery.  While I typically learn something of interest at industry events, the insights from this meeting were a bit more surprising.  First, a little background. The Exchange is a remarkable annual program held in six cities around the country;
20Mar2017

Court Rules that Proportionality and Cooperation are Essential in Resolving E-Discovery Disputes

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Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in its efforts to limit the scope of the putative class’s claims.  Instead, the Court directed the parties to share information and agree upon an appropriate methodology for statistical sampling.
20Mar2017

Threat of Destruction Justifying Third Party Preservation of ESI

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Companies have a strong interest in making sure proprietary information does not go to competitors. Warning signs are employees who email confidential information to their personal accounts and then delete the sent email from their work email account. The following is one such case where third party email providers were ordered to preserve email created by the Defendants to avoid the destruction of relevant ESI.